Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1070 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB1070 HFLR Page 1
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	3	+	ENGR. S. B. NO. 1070 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legi slature (2023)
34		-
35		-	COMMITTEE SUBSTITUTE
36		-	FOR ENGROSSED
37		-	SENATE BILL NO. 1070 By: Newhouse, Stephens, and
38		-	Garvin of the Senate
	28	+	ENGROSSED SENATE
	29	+	BILL NO. 1070 By: Newhouse of the Senate
39	30
40	31		and
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42	33		Hilbert of the House
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46		-
47		-	COMMITTEE SUBSTITUTE
48	37
49	38		An Act relating to motor vehicle disability placard;
50	39		amending 47 O.S. 2021, Se ction 15-112, as amended by
51	40		Section 98, Chapter 282, O.S.L. 2022 (47 O.S. S upp.
52	41		2022, Section 15-112), which relates to the physical
53	42		disability temporary placard; modifying certain
54	43		definition; requiring Service Oklahoma to issue
55	44		certain temporary placards; requiring certain
56	45		expiration; requiring a certain fee; updating
57	46		statutory language; and providing an effective date.
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63	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64	53		SECTION 1. AMENDATORY 47 O.S. 2021, Section 15 -112, as
65	54		amended by Section 98, Chapter 282, O.S .L. 2022 (47 O.S. Supp. 20 22,
66	55		Section 15-112), is amended to read as follows:
67	56		Section 15-112. A. As used in this section:
68	57		1. “Physician” means any person holding a valid license to
69	58		practice medicine and surgery, osteopathic medicine, chiropractic,
	59	+	podiatric medicine, or optometry, pursuant to the state licensing
	60	+	provisions of Title 59 of the Oklahoma Statutes;
	61	+	2. “Physician assistant” means any person holding a valid
	62	+	license as a physician assistant, pursuant to the state licensing
	63	+	provisions of the Physician Assistant Act;
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71		-	SB1070 HFLR Page 2
72		-	BOLD FACE denotes Committee Amendments. 1
	65	+	ENGR. S. B. NO. 1070 Page 2 1
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97		-	podiatric medicine, or optometry, pursuant to the state licensing
98		-	provisions of Title 59 of the Oklahoma Statutes;
99		-	2. “Physician assistant” means any person holding a valid
100		-	license as a physician assistant, pursuant to the state licensing
101		-	provisions of the Physician Assistant Act;
102	90		3. “Advanced registered nurse practitioner” “Advanced Practice
103	91		Registered Nurse” means any person who holds a current license as a
104	92		registered nurse and a current certificate of recognition for
105	93		practice as an Advanced Registered Nurse Practitioner Practice
106	94		Registered Nurse as set forth in the Oklahoma Nursing Practice Act
107	95		pursuant to the state licensing provisions contained in paragraph 5
108	96		of Section 567.3a of Title 59 of the Oklahoma Statutes; and
109	97		4. “Physical disability” means an illness, disease, injury or
110	98		condition by reason of which a person:
111	99		a. cannot walk two hundred (200) feet without stopping to
112	100		rest,
113	101		b. cannot walk without the use of or assistance from a
114	102		brace, cane, crutch, another person, prosthetic
115	103		device, wheelchair or other assistance device,
116	104		c. is restricted to such an extent that the person’s
117	105		forced (respiratory) expiratory volume for one (1)
118	106		second, when measured by spirometry, is less than one
119	107		(1) liter, or the arterial oxygen tension is less than
120	108		sixty (60) mm/hg on room air at rest,
	109	+	d. must use portable oxygen,
	110	+	e. has functional limitations which are classified in
	111	+	severity as Class III or Class IV according to
	112	+	standards set by the American Heart Association,
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122		-	SB1070 HFLR Page 3
123		-	BOLD FACE denotes Committee Amendments. 1
	114	+	ENGR. S. B. NO. 1070 Page 3 1
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148		-	d. must use portable oxygen,
149		-	e. has functional limitations which are classified in
150		-	severity as Class III or Class IV according to
151		-	standards set by the American Heart Association,
152	139		f. is severely limited in the person’s ability to walk
153	140		due to an arthritic, neurological or orthopedic
154	141		condition, or from complications due to pregnan cy,
155	142		g. is certified legally blind, or is missing one or more
156	143		limbs, or
157	144		h. is up to six (6) months postpartum .
158	145		B. Service Oklahoma shall issue a detachable placard indicating
159	146		physical disability to any person who submits an application on a
160	147		form furnished by Service Oklahoma and certified by a physician,
161	148		physician assistant, or advanced registered nurse practitio ner
162	149		Advanced Practice Registered Nurse attesting that the applicant has
163	150		a physical disability. The attestation of the physician, physician
164	151		assistant, or advanced registered nurse practitioner Advanced
165	152		Practice Registered Nurse shall denote “temporary” as the type of
166	153		placard requested and shall indicate an expiration date wh ich the
167	154		physician, physician assistant, or advanced registered nurse
168	155		practitioner Advanced Practice Registered Nurse estimates to be the
169	156		date of termination of such physical disability; however, if the
170	157		physician, physician assistant, or advanced registered nurse
171	158		practitioner Advanced Practice Registered Nurse certifies that the
	159	+	physical disability is permanent, the physician, physician
	160	+	assistant, or advanced registered nurse practitioner Advanced
	161	+	Practice Registered Nurse shall denote “five-year” as the type of
	162	+	placard requested.
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173		-	SB1070 HFLR Page 4
174		-	BOLD FACE denotes Committee Amendments. 1
	164	+	ENGR. S. B. NO. 1070 Page 4 1
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199		-	physical disability is permanent, the physician, physician
200		-	assistant, or advanced registered nurse practitioner Advanced
201		-	Practice Registered Nurse shall denote “five-year” as the type of
202		-	placard requested.
203	189		C. Any placard issued by Service Oklahoma shall remain valid
204	190		until:
205	191		1. The placard expires;
206	192		2. The person to whom the placard was issued requests a
207	193		replacement placard; or
208	194		3. The placard is no longer needed by the person to whom the
209	195		placard was issued for the disability for which the placard was
210	196		originally issued, whereupon such placard shall be returned to
211	197		Service Oklahoma.
212	198		D. 1. A five-year placard shall expire five (5) years from the
213	199		last day of the month in which the placard was issued. Upon the
214	200		expiration of a five-year placard, the person to whom such placard
215	201		was issued may obtain a subsequent placard by reapplying to Service
216	202		Oklahoma, in the same manner as prov ided in subsection B of this
217	203		section.
218	204		2. A temporary placard shall indicate the expiration date which
219	205		the physician, physician assistant, or advanced registered nurse
220	206		practitioner Advanced Practice Registered Nurse certifying the
221	207		physical disability estimates to be the date of termination of such
222	208		physical disability, which shall not be later than six (6) months
	209	+	from the date of issuance and upon which date such placard shall
	210	+	expire and shall be returned to Service Oklahoma; provided, however,
	211	+	nothing in this paragraph shall be construed to prevent the holder
	212	+	from applying for another placard, as provided for in this section.
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224		-	SB1070 HFLR Page 5
225		-	BOLD FACE denotes Committee Amendments. 1
	214	+	ENGR. S. B. NO. 1070 Page 5 1
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250		-	from the date of issuance and upon which date such placard shall
251		-	expire and shall be returned to Service Oklahoma; provided, however,
252		-	nothing in this paragraph shall be construed to prevent the holder
253		-	from applying for another placard, as provided for in this section.
254	239		3. In the event that a placard is lost or destroyed, the person
255	240		to whom such placard was issued may apply in writing to Service
256	241		Oklahoma for a replacement placard, which Service Oklahoma shall
257	242		issue with the same expiration date as the original placard.
258	243		4. On and after January 1, 1998, all placards iss ued prior to
259	244		October 31, 1990, shall expire on the last day of the month in which
260	245		the placard was issued, and the person to whom such placard was
261	246		issued may follow the procedure provided for in subsection B of this
262	247		section to obtain a second or subsequent placard.
263	248		5. On and after January 1, 2000, all placards issued between
264	249		November 1, 1990, and June 30, 1995, shall expire on the last day of
265	250		the birth month of the person to whom the placard was issued, and
266	251		the person to whom such placard was issued may fo llow the procedure
267	252		provided for in subsection B of this section to obtain a second or
268	253		subsequent placard.
269	254		E. A physician, physician assistant, or advanced registered
270	255		nurse practitioner Advanced Practice Registered Nurse may sign an
271	256		application certifying that a person has a physical disab ility, as
272	257		provided in subsection B of this section, only if care and treatment
273	258		of the illness, disease, injury or condition causing the physical
	259	+	disability of such person falls within the authorized scope of
	260	+	practice of the physician or physician assistant , or advanced
	261	+	registered nurse practitioner Advanced Practice Registered Nurse.
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275		-	SB1070 HFLR Page 6
276		-	BOLD FACE denotes Committee Amendments. 1
	263	+	ENGR. S. B. NO. 1070 Page 6 1
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301		-	disability of such person falls within the authorized scope of
302		-	practice of the physician or physician assistant , or advanced
303		-	registered nurse practitioner Advanced Practice Registered Nurse.
304	288		F. Service Oklahoma shall have the power to formulate, adopt
305	289		and promulgate rules as may be necessary to implement and administer
306	290		the provisions of this section, including, but not limited to,
307	291		prescribing the manner in which the placard is to be displayed on a
308	292		motor vehicle.
309	293		G. Nothing in this section shall prohibit the issuance of a
310	294		temporary placard to a pregnant woman whose condition, as determined
311	295		by a physician, physician assistant, or advanced registered nurse
312	296		practitioner Advanced Practice Registered Nurse, meets one or more
313	297		of the categories described in paragraph 4 of subsection A of this
314	298		section.
315	299		H. Service Oklahoma shall issue a yellow temporary placard to
316		-	any ~~woman~~ who has given birth within the past six (6) months
	300	+	any person who has given birth within the past six (6) months
317	301		provided the person requesting the temporary placard subm its a birth
318	302		certificate or record of birth for the child and a valid Oklahoma
319	303		driver license, a valid Oklahoma i dentification card, or other proof
320	304		of principal residenc y in the state, as prescribed by rules
321		-	promulgated by Service Oklahoma, for the mother. The temporary
322		-	placard for the mother shall expire six (6) months after the date of
323		-	birth listed on the submitte d birth certificate or re cord of birth.
	305	+	promulgated by Service Oklahoma, for the person who has given bir th.
	306	+	The temporary placard for the person who has given birth shall
	307	+	expire six (6) months after the date of birth listed on the
	308	+	submitted birth certificate or re cord of birth. Service Oklahoma
	309	+	shall require a minimal fee for the temporary placard and Service
	310	+	Oklahoma may adjust the fee on an annual basis.
	311	+	SECTION 2. This act shall become ef fective November 1, 2023.
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325		-	SB1070 HFLR Page 7
326		-	BOLD FACE denotes Committee Amendments. 1
	313	+	ENGR. S. B. NO. 1070 Page 7 1
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351		-	Service Oklahoma shall require a minimal fee for the temporary
352		-	placard and Service Oklahoma may adjust the fee on an annual basis.
353		-	SECTION 2. This act shall become ef fective November 1, 2023.
	338	+	Passed the Senate the 22nd day of March, 2023.
354	339
355		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/05/2023 -
356		-	DO PASS, As Amended and Coauthored.
	340	+
	341	+
	342	+	Presiding Officer of the Senate
	343	+
	344	+
	345	+	Passed the House of Representatives the ____ day of __________,
	346	+	2023.
	347	+
	348	+
	349	+
	350	+	Presiding Officer of the House
	351	+	of Representatives
	352	+